logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.04.02 2013가합3125
사해행위취소 등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim for construction payment against C Co., Ltd. 1) On September 25, 2008, the Plaintiff is Daedong Construction Co., Ltd. (hereinafter “Dong Construction”).

(C) Du Dong Construction Co., Ltd. (hereinafter referred to as “C”).

(D) 1,501,500,000 won (including value-added tax; hereinafter the same shall apply) for landscaping works among HH housing projects in C, E, F, and G located in the Changwon City.

A) A construction contract that intends to supply sewage was concluded (hereinafter “H Housing Corporation”) and the aforesaid landscaping construction work (hereinafter “instant construction work”).

2) After the completion of the construction of major Dong Construction Co., Ltd. (hereinafter “large Dong Construction”).

(2) On October 1, 2008, the Plaintiff agreed to pay the Plaintiff the construction cost for the portion of the instant construction work that had been executed up to the time, around February 2009, as the owner of H Housing Construction, C and Dong General Construction, a contractor of H Housing Construction, and the subcontractor’s construction cost for the instant construction work, which had been incurred up to the time, was directly paid to the Plaintiff.

On January 15, 2010, the Plaintiff entered into a contract for construction with 1,120,963,187 won with respect to the construction work after Daedong Comprehensive Construction and C agreed to pay the said payment, and C also decided to pay the said payment to the Plaintiff.

3) With respect to H Housing Corporation D and E, the approval for use was granted on June 25, 2010. On October 25, 2010 with respect to F and G, the Plaintiff issued a pre-use inspection certificate, and the Plaintiff completed the instant construction on October 24, 2010 at the latest. (4) On November 16, 2012, the Plaintiff filed a lawsuit against C seeking payment of the instant construction cost under Changwon District Court 2012Ga7472, Changwon District Court 2012Gahap7472. In the said lawsuit, the Plaintiff accepted a set-off objection against C’s partial repayment and the damages claim due to the defects of the construction, and was sentenced to a judgment in favor of the Plaintiff on July 24, 2014, and partially winning the construction cost of KRW 800,281,815, and delay damages.

At present, the above case is the appellate court (the Busan High Court).

arrow